Advocates' Act, 1961 - Rules framed under Section 34(1)

Advocates' Act, 1961 - Rules framed under Section 34(1)

Rules made by the High Court of Punjab and Haryana under Section 34(1) of the Advocates' Act, 1961

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1. In these rules unless there is anything repugnant in the subject or context the word 'advocate' shall include a partnership or a firm of advocates.
2. Save as otherwise provided for in any law for the time being in force, no advocate shall be entitled to appear, plead or act for any person in any Court in any proceeding unless the advocate files an appointment in writing signed by such person or his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment and signed by the Advocate in token of its acceptance or the advocate files a memorandum of appearance in the form prescribed by the High Court :

Provided that where an advocate has already filed an appointment in any proceeding, it shall be sufficient for another advocate, who is engaged to appear in the proceedings merely for the purposes of pleading, to file a memorandum of appearance or to declare before the Court that he appears on instructions from the advocate who has already filed his appointment in the proceedings :

Provided further that nothing herein contained shall apply to an advocate who has been requested by the Court to assist the Court amicus curiae in any case or a proceeding or who has been appointed at the expense of the State to defend an accused person in a criminal proceeding.

Explanation. - A separate appointment or a memorandum of appearance shall be filed in each of the several connected proceedings, notwithstanding that the same advocate is retained for the party in all the connected proceedings.

3. An advocate who is not on the Roll of Advocates of the Bar Council of the State in which the Court is situate, shall not appear, act or plead in such Court, unless he files an appointment along with an advocate who is on the Roll of such State Bar Council and who is ordinarily practising in such Court.
4. In cases in which a party is represented by more than one advocate, it shall be necessary for all of them to file a joint appointment or for each of them to file a separate one.
5. The acceptance of an appointment on behalf of a firm or partnership of advocates shall be indicated by a partner affixing his own signature as a partner on behalf of the firm or partnership of advocates.
6. An advocate at the time of acceptance of his appointment shall also endorse on it his address, which address shall be regarded as one for service within the meaning of the rule 5 of Order 3 of the Code of Civil Procedure, 1908 :

Provided that where more than one advocate accepts the appointment, it shall be sufficient for one of them to endorse his address, which shall be regarded as one for service within the meaning of rule 5 of Order 3, C.P. Code.

7. Where an advocate appointed by a party in any of the proceedings is prevented by reasonable cause from appearing and conducting the proceedings at any hearing he may instruct another advocate to appear for him at that hearing.
8. (1) In civil cases, the appointment of an advocate unless otherwise limited, shall be deemed to be in force to the extent provided in that behalf by rule 4 of Order 3 of the Code of Civil Procedure, 1908.

(2) In criminal cases, the appointment of an advocate unless otherwise limited, shall be deemed to be in force until determined with the leave of the Court by writing signed by the party or the advocate, as the case may be, and filed in Court or the advocate dies, or until all proceedings in the case are ended so far as regards the party.

(3) For the purposes of sub-rule (2) a case shall be deemed to mean every kind of enquiry, trial or proceedings before a Criminal Court whether instituted on a police report or otherwise than on a police report, and further -

(i) an application for bail or reduction, enhancement or cancellation of bail in the case;

(ii) an application for transfer of the case from one Court to another;

(iii) an application for stay of the case pending disposal of a civil proceeding in respect of the same transaction out of which the case arises;

(iv) an application for suspension, postponement or stay of the execution of the order or sentence passed in the case;

(v) an application for the return, restoration or restitution of the property as per the order of disposal of property passed in the case;

(vi) an application for leave to appeal against an order of acquittal passed in the case;

(vii) any appeal or application for revision against any order or sentence passed in the case;

(viii) a reference arising out of the case;

(ix) an application for review of an order or sentence passed in the case or in an appeal, reference or revision arising out of the case;

(x) an application for making concurrent sentences awarded in the case or in an appeal, reference, revision or review arising out of the case;

(xi) an application relating to or incidental to or arising in or out of any appeal, reference, revision or review arising in or out of the case (including an application for leave to appeal to the Supreme Court);

(xii) any application or act for obtaining copies of documents or for the return of articles or documents produced or filed in any case or in any of the proceedings mentioned hereinbefore;

(xiii) any application or act for obtaining the withdrawal of the refund or payment of or out of the moneys paid or deposited in the Court in connection with the case or any of the proceedings mentioned hereinbefore (including moneys paid or deposited for covering the costs of the preparation and the printing of the Transcript Record of Appeal to the Supreme Court);

(xiv) any application for the refund of or out of the moneys paid or recovered as fine or for the return, restitution or restoration of the property forfeited or consfiscated in the case or in any appeal, reference, revision or review arising out of the case as per final orders passed in that behalf;

(xv) any application for expunging remarks or observations on the records of or made in the judgment in the case or any appeal, reference, revision or review arising out of the case; and

(xvi) any application or proceedings for sanctioning prosecution under Chapter XXXV of the Code of Criminal Procedure, 1898, or any appeal or revision arising from and out of any order passed in such an application or proceeding,

shall be deemed to be proceedings in the case :

Provided that where the venue of the case of the proceedings is shifted from one Court (Subordinate or otherwise) to another, the Advocate filing the appointment referred to in sub-rules (1) and (2) above in the former Court shall not be bound to appear, act or plead in the latter court, unless he files or he has already filed a memorandum signed by him in the latter Court that he has instructions from his client to appear, act and plead in that Court.

9. (1) Except when specially authorised by the Court or by consent of the party, an advocate, who has advised in connection with the institution of a suit, appeal, or other proceeding or has drawn up pleadings in connection with such matter, or has during the progress of any suit, appeal, or other proceeding appeared, acted or pleaded for a party, shall not, unless he first gives the party whom he has advised or for whom he has drawn up pleadings, appeared, acted or pleaded an opportunity of engaging his services, appear or act or plead in such suit, appeal or other proceedings or in an appeal or application for revision arising therefrom or in any matter connected therewith for any person whose interest is in any manner in conflict with that of such party :

Provided that the consent of the party may be presumed if he engages another advocate to appear, act or plead for him in such suit, appeal or other proceeding without offering an engagement to the advocate whose services were originally engaged by him or on his behalf.

(2) Where it appears on the face of the record that the appearance of an advocate in any proceeding for any party is prejudicial to the interest of the other party on account of the reasons mentioned in sub-rule (1) above, the Court may refuse to permit the appearance to be filed or cancel such appearance if it has already been filed, after giving the said advocate an opportunity of being heard.

(3) An advocate who disclosed to any party information confined to him in his capacity as an advocate by another without the latter's consent shall not be protected merely by reason of his being permitted to appear, act or plead for the said party.

10. (a) The appointment of a firm or partnership of advocates may be accepted by any partner on behalf of the firm.

(b) No such firm or partnership shall be entitled to appear, act or plead in any Court unless all the partners thereof are entitled to appear, act or plead in such Court.

(c) The name of the firm or partnership may contain the names of the persons who were or are members of the partnership but of no others.

(d) The words ' any Company' shall not be affixed to the name of any such partnership or firm.

(e) The names of all the members of the firm shall be recorded with the Registrar of the High Court and/or the District Judge, as the case may be, and the State Bar Council, and the names of all the partners shall also be set out in professional communication issued by the partners or the firm.

(f) The firm of advocates shall notify to the Registrar of the High Court and/or the District Judge as the case may be, and the State Bar Council, any change in the composition of the firm or the fact of its dissolution as soon as may be from the date on which such change occurs or its dissolution takes place.

(g) Every partner of the firm of advocates shall be bound to disclose the names of all the partners of the firm whenever called upon to do so by the Registrar of the High Court, the District Judge, the State Bar Council, any Court or any party for or against whom the firm or any partner thereof has filed the appointment or memorandum of appearance.

(h) In every case where a partner of a firm of advocates signs any document or writing on behalf of the firm he shall do so in the name of the partnership and shall authenticate the same by affixing his own signature as partner.

(i) Neither the firm of advocates nor any partner thereof shall advise a party or appear, act or plead on behalf of a party in any matter or proceeding where the opposite party is represented by any other partner of the firm or by the firm itself.

11. No advocate shall be permitted to file an appointment or memorandum of appearance in any proceeding in which another advocate is already on record for the same party save with the consent of the former advocate on record or the leave of the Court, unless the former advocate has ceased to practice or has by reason of infirmity of mind or body or otherwise become unable to continue to act.

11A. Notwithstanding anything hereinbefore contained, when an Advocate having practice of 10 years or more to his credit, is appointed to appear, plead or act for any party or person in any Court in any Civil Suit or appeal where the value of the subject matter of the suit or appeal is Rs. 25,000 or above or in any Criminal case or appeal involving the charge of commission of an offence punishable with death or imprisonment for life, then such an Advocate shall not be entitled to appear, plead or act for any such party or person unless he is accompanied by an Advocate having practice of less than ten years.

12. An advocate may correct any clerical error in any proceedings with the previous permission of the Registrar or an officer of the Court specially empowered in this behalf by the Court obtaining on a memorandum stating the correction desired.
13. No advocate who has been debarred or suspended or whose name has been struck off the Roll of advocate shall be permitted to act as a recognised agent of any party within the meanings of Order 3 of the Code of Civil Procedure, 1908.
14. No advocate who has been found guilty of contempt of court shall be permitted to appear, act or plead in any court unless he has purged himself of contempt.
15. Advocates appearing before the Court shall wear the following dress :-

(1) Advocates other than lady advocates -

(a) Black buttoned-up coat (Chapkan, achkan or sherwani), Barrister's or Advocate's gown and bands, or

(b) Black open collar coat, white shirt, white collar, stiff or soft, with Barrister's or Advocate's gown or bands.

(2) Lady Advocates -

[(a) Black full or half sleeve jacket, or blouse, white collar stiff or soft, with white bands and Advocate's gowns.

(b) Sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or Flare (white, black or black striped or grey) or Punjabi dress (Churidar Kurta or Salwar Kurta with or without dupatta white or black.]